Employees will have the right to request flexibility over important aspects of their working time now that the Employment Relations (Flexible Working) Bill has passed into law and awaits Royal Assent. The new law, introduced as a Private Members bill, is expected to come into force in 2024 and was supported by the Government and is expected to result in more people being able to enter the workplace by providing a better balance between work and home life. opening the door to work opportunities for many people not just parents where flexibility is always important but older people returning to the workplace and the disabled.
The new provisions introduced by the Act are:
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- An employee no longer has to provide an explanation as to the effect their flexible working application will have on their employer, this requirement has been removed.
- An employee can make two statutory requests for flexible working within a 12-month period, as opposed to one application.
- An employer who wishes to reject a flexible working request must now consult with the employee making the request. A failure to do so may result in a complaint being made at the Employment Tribunal.
- An employer must respond to a flexible working request with two months, unless an extension is agreed.
Daniel Theron, a partner, points out “whilst there are some significant changes, other provisions that were expected, such as flexible working requests from day-one of employment and the right to appeal a rejected application, have not been included. Also the statutory reasons for rejection remain the same and have not been amended.” Daniel further commented “Many employees rely on flexible working, without which they would not be able to manage their other commitments. The Act is a step forward but there is a long way to go before flexible working is the default option in the workplace.”
Giambrone & Partners’ experienced employment lawyers note that recent research by Reed employment agency suggests that flexible working is increasingly popular with jobseekers and vacancies offering flexible working are more attractive. Employers should ensure that they understand the implications of the new Act and manage flexible-working request correctly. Our lawyers consider that the right to flexible working from day-one, which had widely been expected to be included in the new Act, will be included in the secondary legislation.
There is a global movement towards flexible working as many jobs are not workplace based and can be undertaken from another location with many organisations such as Centre for Economics and Business Research https://cebr.com/, the Chartered Institute of Personnel and Development (CIPD) and the Advisory, Conciliation and Arbitration Service (ACAS) have campaigned to bring about flexible working. https://www.cipd.org/uk/views-and-insights/cipd-viewpoint/flexible-working-update/ The Acas chief executive, Susan Clews commented that the “global shift and changed attitudes towards flexible working” she further mentioned, “Our new draft code encourages employers to take a positive approach to flexible working and addresses all the new changes in the Act.” https://www.acas.org.uk/search?keys=code+of+practice+for+flexible+working
The new Act will bring more diversity and experience into the workplace allowing employment to be accessible to all.